The Founders outlined a very specific procedure for the ratification of the Constitution, but was this procedure legal? Join Mike Farris as he discusses this concern today on Home School Heartbeat.
Michael Farris:
Students of American history will remember that the Articles of Confederation required all 13 states to approve any amendments. Yet the Constitution required only 9 states to approve its adoption. Was this change from 13 states to 9 states an illegal act, making the Constitution of the United States an illegal document? The answer is no, because we need to understand the history with a little bit more precision.
The secret to the Constitution’s adoption is understanding the difference between what the legislatures were asked to do and what the conventions were asked to do. Before any state convention was created, each state legislature had to vote first. What did they vote on? They voted on changing the process. They had to vote to change the process that was outlined in the Articles of Confederation from the legislatures having the authority over this matter to the state conventions having the authority. While this seems highly technical, it makes the difference between whether our Constitution is legal, or illegal in the first place. Did all 13 states approve this change of process? We’ll find out the answer next time.
I’m Mike Farris.
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